Create a free Commercial Carrier Journal account to continue reading

When is dispatch unreasonable?

U.S. Citizenship and Immigration Services (USCIS) has changed the Employment Eligibility Verification Form (I-9). The revised version of Form I-9 with “Rev. 06/05/07 N” printed on the lower right corner of the form now must be used. For more information, go to www.uscis.gov.

Delta Nu Alpha, a national transportation fraternity dedicated to the training and education of young transportation professionals, is conducting a series of monthly webinars on legal and regulatory issues February through November this year. The cost is $25 each per webinar for DNA members and $50 each for nonmembers. For more information on schedule and registration, go to www.deltanualpha.org.

U.S. Court of Appeals for the Ninth Circuit sent back to a district court for reconsideration the lower court’s initial rejection of UPS’s policy of requiring that its package-car drivers meet Department of Transportation hearing standards that are mandated for drivers of higher-weight vehicles. The appeals court said that the company’s “reliance on the government safety standard with respect to other vehicles in its fleet should be entitled to some consideration as a safety benchmark” and left it to the lower court to determine whether non-DOT package cars share significant risk characteristics with larger trucks.

Allied Waste Systems must comply with an arbitrator’s award reinstating a driver following a safety incident, the U.S. Court of Appeals for the Sixth Circuit ruled. The appeals court ruled that the district court had no basis for vacating the arbitrator’s award.

QWe have customers who require us to make on-time deliveries that cannot be made in accordance with the hours-of-service requirements. When the deliveries are not kept, we are told to reschedule the appointment in two weeks, storing the goods for no charge; to pay a penalty; or to incur a cargo claim for a missed market. In this context, what does the term “reasonable dispatch” mean, and what are our options as a carrier?

AThe term “reasonable dispatch” is a common law term defining the customary and ordinary obligations of a carrier to transport shipments. The term is found in the uniform and standard bills of lading, and it is accompanied by language that:

“No carrier is bound to transport said property in time for any particular market or otherwise than with reasonable dispatch.”